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Debt Recovery Tribunal in India

Debt Recovery Tribunal (DRT)

Quick Bullet Points

With the introduction of international trends of financial institutions quickly and effectively, the Government of India has constituted 38 Credit Recovery Tribunals (DRT) and constituted the 5 Debt Restore Appeal Tribunal (DRAT) across the country.

Due to the banks and financial institutions, the Debt Restoration Tribunal (DRT) has been set up by the government (under Government Act 51, 1993) for the reinstatement of loans and debt restoration.

The Debt Recovery Tribunal is the appeal filed against the case against money laundering and renewal and safeguards under security enforcement laws and also proceedings initiated by secured creditors under the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act.

The Debt Recovery Tribunal is located throughout the country. Some cities have multiple debt recovery tribunals. There are three debt restructured tribunals in New Delhi and Mumbai. There are two debt restructured tribunals in Chennai and Kolkata. A debt restructuring tribunal has been formed in each of Ahmadabad, Allahabad, Aurangabad, Bangalore, Chandigarh, Coimbatore, Cuttack, Ernakulum, Guwahati, Hyderabad, Jabalpur, Jaipur, Lucknow, Nagpur, Patna, Pune, Ranchi and Vishakhapatnam.

In the state no debt restructuring tribunal, bank and financial institution and other parties of this state will not have to go to the debt restoration tribunal located in other states. So some debt restructuring tribunal’s regional zonal field is too big. For example, the debt restructuring tribunal that covers Guwahati, comprises seven of the seven northeast provinces. Likewise, Chandigarh's Regional-Regional Council of Tribunal has a broad jurisdiction over the states of Punjab, Haryana and Chandigarh.

Recovery of a debt depends on the area of tribunal formation. In a region higher in number, more debt recovery tribunals will be established. Each debt recovery tribunal presides over a Presiding Officer.

Presiding Officer is usually a judge of the district and the session judge assisted with the assistance of several officers of another branch, a presiding officer of the Tribunal, recovering a loan, but none of them would have to play judicial role. Therefore, repayment of the loan tribunal presiding officer is the sole judicial officer, to hear and pass any judicial order.

Every debt recovery tribunal has two recovery officers, the work among the reserve officials is allocated by the Presiding Officer. Although a recovery officer does not need a judicial officer, the orders given by the reviewing officer are appealing to the judicial and tribunal's presiding officer. The Debt Recovery Tribunal (DRT) can fully complete its ability to pass orders and travel outside the civil court. A debt recovery tribunal (DRT) may hear cross-case, counter-claim and set-off permission. However, the Debt Recovery Tribunal (DRT) cannot hear loss or loss of services or breach of contract or criminal negligence in the part of the debtor. In addition, a Debt Recovery Tribunal (DRT) can not disclose an opinion outside its domain, or it's a pending list before. Evidence recording by debt restoration tribunal is somewhat unique.

All the evidence is accepted through an affidavit. The cross-examination is only allowed by the defense of the request, and that too if the Debt Recovery Tribunal (DRT) is such a cross-examination seems to be in the interests of justice. Fraudulent cross examination is done through a record of affidavit. There are other unique features of the execution before the debt recovery tribunals to speed up the prosecutors.